B-166141, FEB. 27, 1969

B-166141: Feb 27, 1969

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ROTH WAS AUTHORIZED TO ATTEND SUCH FUNERAL AS THE OFFICIAL REPRESENTATIVE OF OAK RIDGE OPERATIONS AND REIMBURSEMENT FOR THE TRAVEL WAS AUTHORIZED IN HIS TRAVEL ORDER. INVOLVING FIVE EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE WHO WERE PLACED IN AN OFFICIAL TRAVEL STATUS FOR THE PURPOSE OF ATTENDING A FUNERAL. POINTED OUT THAT IN THE ABSENCE OF A STATUTE SO AUTHORIZING THE GOVERNMENT IS NOT AUTHORIZED TO PAY THE EXPENSES OF AN EMPLOYEE INCIDENT TO ATTENDING A FUNERAL. YOU CONSIDER THAT THE INSTANT CASE IS DIFFERENT IN THAT IN THIS CASE ONLY ONE EMPLOYEE . ATTENDED THE FUNERAL AND THAT SUCH EMPLOYEE WAS SENT AS THE OFFICIAL REPRESENTATIVE OF THE AGENCY. ROTH WAS THE ONLY EMPLOYEE AUTHORIZED TO ATTEND THE FUNERAL AT GOVERNMENT EXPENSE AND THAT HE WAS DESIGNATED AS THE OFFICIAL REPRESENTATIVE OF THE AGENCY WE PERCEIVE OF NO VALID BASIS FOR REACHING ANY DIFFERENT CONCLUSION WITH RESPECT TO DR.

B-166141, FEB. 27, 1969

TO MR. C. F. FULLAM:

WE REFER TO YOUR LETTER OF FEBRUARY 5, 1969, REQUESTING A DECISION CONCERNING THE PROPRIETY OF THE PAYMENT OF TRAVEL EXPENSES TO THE DIRECTOR, RESEARCH AND DEVELOPMENT DIVISION, OAK RIDGE OPERATIONS, INCURRED WHILE ATTENDING THE FUNERAL OF DR. N. H. WOODRUFF, A FORMER EMPLOYEE OF THE ATOMIC ENERGY COMMISSION AT OAK RIDGE. DR. HERMAN M. ROTH WAS AUTHORIZED TO ATTEND SUCH FUNERAL AS THE OFFICIAL REPRESENTATIVE OF OAK RIDGE OPERATIONS AND REIMBURSEMENT FOR THE TRAVEL WAS AUTHORIZED IN HIS TRAVEL ORDER.

IN YOUR LETTER YOU CITE OUR DECISION OF JULY 1, 1957, B-129612, INVOLVING FIVE EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE WHO WERE PLACED IN AN OFFICIAL TRAVEL STATUS FOR THE PURPOSE OF ATTENDING A FUNERAL. THAT DECISION, IN DENYING REIMBURSEMENT OF THE TRAVEL EXPENSES, POINTED OUT THAT IN THE ABSENCE OF A STATUTE SO AUTHORIZING THE GOVERNMENT IS NOT AUTHORIZED TO PAY THE EXPENSES OF AN EMPLOYEE INCIDENT TO ATTENDING A FUNERAL. YOU CONSIDER THAT THE INSTANT CASE IS DIFFERENT IN THAT IN THIS CASE ONLY ONE EMPLOYEE -- NOT FIVE -- ATTENDED THE FUNERAL AND THAT SUCH EMPLOYEE WAS SENT AS THE OFFICIAL REPRESENTATIVE OF THE AGENCY.

IN THE ABSENCE OF A STATUTE EXPRESSLY AUTHORIZING PAYMENT OF EXPENSE INCURRED BY AN EMPLOYEE IN ATTENDING A FUNERAL SUCH EXPENSES MAY NOT BE REGARDED AS HAVING BEEN INCURRED WHILE TRAVELING ON OFFICIAL BUSINESS WITHIN THE MEANING OF THE TRAVEL LAWS AND REGULATIONS. REGARDLESS OF THE FACT THAT DR. ROTH WAS THE ONLY EMPLOYEE AUTHORIZED TO ATTEND THE FUNERAL AT GOVERNMENT EXPENSE AND THAT HE WAS DESIGNATED AS THE OFFICIAL REPRESENTATIVE OF THE AGENCY WE PERCEIVE OF NO VALID BASIS FOR REACHING ANY DIFFERENT CONCLUSION WITH RESPECT TO DR. ROTH'S TRAVEL THAN THAT STATED IN THE DECISION OF JULY 1, 1957, CITED IN YOUR LETTER. ACCORDINGLY, THE AMOUNT CLAIMED ($60.12) MAY NOT BE CERTIFIED FOR PAYMENT.